SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Morris Kirema M’Ituru v James M’Amanja M’Rukunga & 2 others [2018] KEELC 1703 (KLR)

[2018] KEELC 1703 (KLR) Environment & Land Court
Read PDF
Court
Environment & Land Court
Case number
1703
Citation
[2018] KEELC 1703 (KLR)
Decided
3 October 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePetitionPosturePreliminary Objection to the entire petitionCoramHON. LUCY. N.
Holding

The petition is dismissed with costs to the 1st respondent

Facts

The petitioner filed a petition against the 1st respondent regarding the Land Consolidation Act and Land Adjudication Act, alleging that the 1st respondent failed to exhaust statutory obligations and remedies.

Issues

  1. Exhaustion of statutory obligations and remedies
  2. Res judicata

Reasoning

The court dismissed the petition as res judicata due to a previous judicial review case involving the same parties and similar orders sought.

Outcome

Dismissed

Orders

  • Petition dismissed with costs

Authorities cited

Legislation (2)
  • Land Consolidation Act CAP 283
  • Land Adjudication Act CAP 284
Cases cited (2)
  • In Judicial Review No. 5 of 2014
  • Abdullah Mangi Mohamed V Lazarus Beja & 5 Others[2012] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case